1.1   “Call” means the establishment of a connection between the customer and called party.

1.2   “Calling Account” means an account together with the Account Number issued by the Company under this Agreement for use with this Service.

1.3   “Account Number” means a number issued by The Company to the Customer for use with this Service.

1.4   “Customer” means the person to whom the Calling Account is issued.

1.5   “PIN” means personal identification number issued to the Customer by The Company.

1.6   “The Company” means SGS Ltd, 3rd Floor, 104-110 Goswell Road, London EC1V 7DH, being the provider of the Calling Account and services referenced in these Terms and Conditions. 

2.      SERVICE

2.1   The Company will provide the Calling Account to the Customer subject to the following Terms and Conditions (“Service”)

2.2   Upon successful application for a Calling Account and payment of the minimum top up fee, the Company will issue the Customer with an Account Number, PIN and Access Number.

3.      CHARGES AND PAYMENT

3.1   All charges are to be prepaid by the Customer. The minimum top up amount is £5.50 (50p bank charges,; may change from time to time). Payments can be made by credit/debit cards, cash and cheques. Please note that clearance and authorisation of funds is required prior to the prepayment being activated on the Calling Account. The billing Agent of the Company is Eazy Collect this is the name that will appear on Customer’s Credit/Debit Card billing statement.

3.2   The Customer shall be liable for all charges incurred on the Calling Account, whether or not such use was authorised by the Customer.

3.3   Charges will accrue following the commencement of use of the Service by The Customer.

3.4   The Company will use all reasonable endeavours to deactivate the Calling Account within 1 hour’s notice if the Customer advises of suspected fraud. All charges incurred prior to the deactivation will be payable by the customer.

3.5   From time to time, The Company will update its tariff and/or may amend these terms and conditions; this information is available on line and via Customer Services. Pricelists should always be checked against the information provided on line. Any use of the Calling Account following any amendments to the tariff and/or terms and conditions shall be deemed as acceptance of the amended tariff and/or terms and conditions.

3.6   Billing is 1 minute or 2 minutes depending on the length of call. A per minute surcharge is applied for calls originating from 0800 freephone access numbers. All rates are correct at the time of website update but the service provider reserves the right to change the rates without notice. The service provide cannot be held responsible for the performance of any fixed or mobile network. E&EO.

4.      SERVICE – THE CUSTOMER AGREES:

4.1   To keep the Account Number and PIN confidential. Any disclosure of the Account Number or PIN shall be at the Customer’s risk.

4.2   Not to use or attempt to use the Calling Account following a deactivation request by the Customer.

4.3   To make use of any reasonable written instructions provided by the Company in order to use the Calling Account.

4.4   Not to use the Calling Account for abusive, obscene, menacing or offensive communications.

4.5   To inform the Company immediately should the Customer suspect misuse of the Calling Account.

4.6   Not to use the Calling Account to infringe or violate any person’s rights.

5.      THE COMPANY’S RIGHTS

5.1   The Company cannot guarantee that the Service will be free of faults and uninterrupted. The Company may suspend the service from time to time in its reasonable discretion for reasons such as maintenance and fault repair. The Company will use all reasonable endeavours to keep disruption to a minimum.

5.2  The Company may make alterations to the Account Number, code, access number or any other name issued by the Company at any stage.

5.3  The Company shall be entitled to amend and/or update these terms and conditions on notice to the Customer.

6.  LIABILITY

6.1 The Company shall not be liable in any way for any direct, indirect or consequential loss including, without limitation, loss of profit, costs, damages and other liabilities of whatsoever nature arising from its provision of the Service including failure to provide the Service to the Customer.

6.2 The Company will only be liable to the Customer for the remaining prepaid credit on the Calling Account if the Company is in breach of this Agreement or is negligent.

6.3  The Company shall not be liable for any loss, inconvenience or damage suffered by the Customer as a result of termination or suspension of this Service.

6.4  Nothing in this Agreement shall serve to limit either party’s liability in respect of death and personal injury caused by or arising from either party’s negligence.

6.5   The Customer undertakes to hold the Company harmless from all and any liabilities including damages and claims arising from the Customer’s use of the Service.

7.      TERMINATION – THIS AGREEMENT WILL REMAIN IN FORCE UNTIL TERMINATED BY EITHER PARTY:

7.1   On not less than seven (7) days written notice: or

7.2   If incapable of remedy, due to the other party committing a material breach.

7.3   The Agreement will be terminated immediately should the other party: a) be subject to bankruptcy or equivalent  proceedings. b) become insolvent or is subject to debt recovery action by creditors. c) have any of its assets go into seizure. d) be subject to voluntary or compulsory liquidation. e) has a receiver or administrator appointed. f) Use the service for abusive, obscene, menacing or offensive communications which may cause needless anxiety or inconvenience to anyone.

8.      EFFECTS OF TERMINATION

8.1   Termination of this Agreement shall be without prejudice to any rights and obligations arising prior to termination.

8.2   A refund will be made to the Customer by the Company of any amount that has been prepaid on the Calling Account (less charges up to the date of termination) should the Customer terminate the account in accordance with clause 7.1 or the Company terminate the account in accordance with clause 7.2.

9.      GENERAL

9.1   Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstance beyond its reasonable control, including but not limited to acts of God, war, civil commotion or industrial dispute.

9.2   If any provision of this Agreement shall be invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

9.3   No waiver of any provision of this Agreement or any rights or obligations of either party will be effective unless agreed in writing and signed by the relevant party waiving compliance.

9.4   This Agreement represents the entire understanding of the parties and supersedes all previous agreements, assurances, representations and arrangements between the parties.

9.5   References to the Company include to its successor in title and assigns. The Company reserves the right to transfer or assign all or part of this Agreement. The Customer may not assign or transfer this Agreement or the Calling Account.

9.6   Words in the singular shall be construed as including words in the plural and vice versa.

9.7   References in this Agreement to Clause are references to Clauses in this Agreement.

9.8   Headings are for convenience only and are not intended to affect the interpretation of this Agreement.

9.9   This Agreement shall be governed by and construed in all respects according to English Law. The parties shall submit to the exclusive jurisdiction of the English Courts.